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HomeMy WebLinkAbout04 - Designating a Portion of CdM as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day HolidaysQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report March 11, 2025 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org PREPARED BY: Eric Little, Lieutenant - 949-644-3660, elittle@nbpd.org TITLE: Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays ABSTRACT - For the City Council's consideration is the adoption of Ordinance No. 2025-3, designating a portion of Corona del Mar as a Safety Enhancement Zone during the Memorial Day, Fourth of July, and Labor Day holidays. The ordinance also proposes expanding the West Newport Safety Enhancement Zone to include Memorial Day and Labor Day. The ordinance was introduced and considered at the City Council's February 25, 2025, regular meeting. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2025-3. An Ordinance of the City Council of the City of Newport Beach, California, Designating a Portion of Corona del Mar as a Safety Enhancement Zone During the Memorial Day, Fourth of July Independence Day, and Labor Day Holidays and Expanding the West Newport Safety Enhancement Zone to Include the Memorial Day and Labor Day Holidays by Amending Section 1.04.060 (Safety Enhancement Zone), Chapter 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), and Section 10.66.060 (Violation -Penalty -Civil Fine) of the Newport Beach Municipal Code. DISCUSSION: At its February 25, 2025, meeting, the City Council introduced and passed to second reading Ordinance No. 2025-3: Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding the West Newport Safety Enhancement Zone to include Memorial Day, Fourth of July, and Labor Day Holidays. Newport Beach Municipal Code Section 1.04.060 allows certain areas of the city to be designated as Safety Enhancement Zones to further deter municipal code violations during specific times of the year. Within these zones, fines for infractions and civil fines are tripled. 4-1 Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays March 11, 2025 Page 2 The proposed Safety Enhancement Zone in Corona del Mar area mirrors Newport Beach Police Department Reporting District 44 of Area 4 as depicted in Figure 1 below. The designation includes Pirate's Cove, Corona del Mar State Beach, and Little Corona. c f If I'H-AVI a u a � y N r r x ? J c X SKpHn nvE a6 V ` c $a FIRST AVE (5AY51d F, GR IAy 2 SE AV IEW AVF � a � O G0111tY11 rvf I'1fIRD AVE N 4 s U k a x G 6 a 00-AM BLVG Figure 1 The attached ordinance also extends the Safety Enhancement Zone in West Newport to cover Memorial Day and Labor Day in addition to the Fourth of July. Communication to Residents The City of Newport Beach will notify residents within the Safety Enhancement Zones before the three holidays. Letters outlining the designation, associated fines, penalties, and affected provisions will be sent on or before April 15, June 15, and August 15 to each address and each owner of property (ownership determined based on the most recent property tax information available to the City) within the Corona del Mar and West Newport Safety Enhancement Zones. If adopted, the ordinance would become effective on April 10, 2025. FISCAL IMPACT: The cost of providing notices to residents three times per year in two locations of the City will increase from $5,611 to approximately $36,000 per year. This cost will be expensed to the City Manager's Office budget account number- 01020201-811008. Costs for Memorial Day noticing will be absorbed in the current budget and the full cost for the three holidays will be included future budgets. 4-2 Designating a Portion of Corona del Mar as a Safety Enhancement Zone and Expanding West Newport Safety Enhancement Zone to Include Memorial Day, Fourth of July, and Labor Day Holidays March 11, 2025 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2025-3 4-3 ATTACHMENT A ORDINANCE NO. 2025-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DESIGNATING A PORTION OF CORONA DEL MAR AS A SAFETY ENHANCEMENT ZONE DURING THE MEMORIAL DAY, FOURTH OF JULY INDEPENDENCE DAY, AND LABOR DAY HOLIDAYS AND EXPANDING THE WEST NEWPORT SAFETY ENHANCEMENT ZONE TO INCLUDE THE MEMORIAL DAY AND LABOR DAY HOLIDAYS BY AMENDING SECTION 1.04.060 (SAFETY ENHANCEMENT ZONE), CHAPTER 10.58 (POLICE SERVICES AT LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY), AND SECTION 10.66.060 (VIOLATION - PENALTY -CIVIL FINE) OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ("City") is a charter City, governed by a charter adopted by the citizens of the City; WHEREAS, Article XI, Section 5 of the Constitution of the State of California ("State") authorizes charter cities to enact ordinances with respect to their municipal affairs; WHEREAS, Section 200 of the City Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State; WHEREAS, Section 1.04.060 (Safety Enhancement Zone) of the Newport Beach Municipal Code ("NBMC") provides that the City Council may designate a specific geographical area as a "Safety Enhancement Zone" during a specific period upon finding that the geographical area is subject to unique conditions and circumstances that create the potential for a significant threat to the public health and safety, and that the imposition of enhanced penalties for violations of the NBMC will reduce the threat; Ordinance No. 2025-3 Page 2 of 10 WHEREAS, each year, the City continues to experience a large number of visitors, heavy traffic, pedestrian and vehicle congestion, and unruly behavior on the Memorial and Labor Day holidays, the weekends before the Memorial and Labor Day holidays, as well as the July 4th Independence Day holiday (collectively "Holidays"), which is due, in significant part, to the estimated 10,000 daily visitors to Corona del Mar on these Holidays, with most people concentrated at Corona del Mar State Beach, Little Corona del Mar Beach, Pirate's Cove Beach, Ocean Boulevard, and the surrounding neighborhoods, as well as an estimated 50,000 daily visitors on these Holidays to the Balboa Peninsula and West Newport Beach, with most people concentrated from Forty - Fourth Street to the Newport Pier; WHEREAS, the large gatherings in Corona del Mar, the Balboa Peninsula and West Newport Beach during the Holidays and the unruly behavior of some visitors, contributes to the consumption of alcohol in public areas and other violations of the NBMC; WHEREAS, for the Memorial Day holiday, in 2023 and 2024, the City's Police Department received a combined total of 98 calls for service, made 5 arrests, and issued 12 citations, in Corona del Mar in the area bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue, (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area includes Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach, as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress/egress thereto (hereinafter "the Proposed Corona Del Mar Safety Enhancement Zone") and received 423 calls for service, made 41 arrests, issued 14 citations, issued one Disturbance Advisement Card, and issued one Large and Unruly Gathering citation in the West Newport Safety Enhancement Zone; WHEREAS, for the July 4th Independence Day holiday, in 2023 and 2024, the City's Police Department received a combined total of 79 calls for service, made 3 arrests, and issued 18 citations, in the Proposed Corona Del Mar Safety Enhancement Zone, and received 646 calls for service, made 48 arrests, issued 288 citations, issued five Disturbance Advisement Cards, and issued 5 Large and Unruly Gathering Citations in the West Newport Safety Enhancement Zone; Ordinance No. 2025-3 Page 3 of 10 WHEREAS, for the Labor Day holiday, in 2023 and 2024, the City's Police Department received a combined total of 122 calls for service, made 9 arrests, and issued 23 citations, in the Proposed Corona Del Mar Safety Enhancement Zone, and received 440 calls for service, made 27 arrests, issued 41 citations, and issued one Disturbance Advisement Card in the West Newport Safety Enhancement Zone; WHEREAS, there are 569 active short term lodging permits that have been issued to owners of properties located in the Proposed Corona Del Mar Safety Enhancement Zone (108 permits) and the West Newport Safety Enhancement Zones (461 permits); WHEREAS, the significant number of short term lodging units, large parties, and narrow streets in these zones, significantly contributes to unlawful behavior and impairs the ability of paramedics and ambulances and other first responders to access these zones in the event of an emergency, creating the potential for a major disturbance in these areas on the Holidays; WHEREAS, in the 2024 calendar year there have been 16 code enforcement violations involving short term lodging permits in the Proposed Corona del Mar Safety Enhancement Zone and 118 in the West Newport Beach Safety Enhancement Zone; WHEREAS, the City's strategy to protect the public's health and safety in Corona del Mar during the Holidays has, to date, been successful in preventing any major disturbance but has not: (i) eliminated potentially dangerous situations from developing; (ii) guaranteed that sufficient law enforcement personnel are present to respond to, and quell, a major disturbance; or (iii) ensured that emergency medical personnel will be able to access persons in need of medical assistance; WHEREAS, while there is no single solution to.the problems experienced in Corona del Mar during the Holidays, the designation of a portion of Corona del Mar as a Safety Enhancement Zone and the resulting increase in fines and penalties, the prohibition against alcohol deliveries, and the additional responsibilities imposed on occupants and owners to prevent unruly behavior, will further reduce the potential for a major disturbance and help ensure that law enforcement and emergency medical personnel will be able to quickly and effectively respond to any emergency; HI Ordinance No. 2025-3 Page 4 of 10 WHEREAS, the existing West Newport Safety Enhancement Zone has proven, over time, to be very successful in curbing unruly behavior, enhancing the quality of life for residents, and improving the experience of visitors to the City on the 4th of July Independence Day holiday; WHEREAS, extending the effectiveness of the West Newport Safety Enhancement Zone to include the Memorial Day and Labor Day holidays will enhance the quality of life for residents, and improve the experience of visitors to the City; WHEREAS, the update to Section 1.04.060 (Safety Enhancement Zone) of the NBMC requires modifications to Sections 10.58.010 (Findings and Purpose), 10.58.020 (Definitions), 10.28.030 (Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses), and 10.66.060 (Violation -Penalty -Civil Fine) of the NBMC, to ensure consistent protection and enforcement in the Safety Enhancement Zones; WHEREAS, the City Council desires to continue to protect the public health, safety and welfare by designating a portion of an area in Corona del Mar as a Safety Enhancement Zone during the Holidays; and WHEREAS, the City Council desires to continue to protect the public health, safety and . welfare by applying the regulations for the West Newport Safety Enhancement Zone to the Memorial and Labor Day holidays. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby finds that, based on the number of visitors, the narrow streets, the voluminous and repetitive crimes, and calls for service that result in advisements, citations and arrests by police officers, there is a significant threat to the public health, safety, and welfare of visitors and residents, which threat to the public would be reduced by imposing increased responsibilities on the part of residents and occupants through enhanced penalties for violation of provisions of the NBMC, in (i) the area designated as the West Newport Safety Enhancement Zone on the Holidays, as well as (ii) the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area UN Ordinance No. 2025-3 Page 5 of 10 includes Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress/egress thereto, on the Holidays. Section 2: Section 1.04.060 (Safety Enhancement Zone) of the Newport Beach Municipal Code is hereby amended to read as follows: A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take action to protect the public health, safety and welfare, designate a specific geographical area as a "Safety Enhancement Zone" and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this Code and increased responsibilities on the part of residents and occupants in the area. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the Safety Enhancement Zone; (2) the date and time during which the Safety Enhancement Zone designation is applicable.to the geographical area; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (5) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation. B. West Newport Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street and Newport Boulevard on the east, Pacific Coast Highway on the north and 54th Street on the west. This designation is effective from (i) from 12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last Monday in May ("Memorial Day") during each year that the designation is in effect; (ii) 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect; and (iii) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September ("Labor Day") during each year that the designation is in effect. The factual basis for this designation is found in Ordinance 2025-3 and Ordinance 2003-5. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd and at no less than RN Ordinance No. 2025-3 Page 6 of 10 three locations along Pacific Coast Highway, four locations along Newport Boulevard/32nd Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street. In addition, letters advising of the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before April 15th, June 15th, and August 15th, to each address and each owner of property (ownership determined on the basis of the most recent property tax information available to the City) within the Safety Enhancement Zone. C. Corona del Mar Safety Enhancement Zone. The City Council designates as a Safety Enhancement Zone the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress/egress thereto. This designation is effective from (i) from 12:01 a.m. on the last Saturday in May until 11:59 p.m. on the last Monday in May ("Memorial Day") during each year that the designation is in effect; (ii) 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect; and (iii) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September ("Labor Day") during each year that the designation is in effect. The factual basis for this designation is found in Ordinance 2025-3. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on the Friday before Memorial and Labor Day, and on July 3rd at no less than three locations along East Coast Highway, at least one location on MacArthur Blvd. south of San Miguel Drive, on Marguerite Avenue south of San Joaquin Hills Road, Pirates Cove, Corona del Mar State Beach and Little Corona Beach. In addition, letters advising of the Safety Enhancement Zone designation and the fines, penalties and provisions affected by the designation shall be sent, on or before April 15th, June 15th, and August 15th to each address and each owner of property (ownership determined on the basis of the most recent property tax information. available to the City) within the Corona del Mar Safety Enhancement Zone. Ordinance No. 2025-3 Page 7of10 Section 3: Section 10.58.010 (Findings and Purpose) of the Newport Beach Municipal Code is hereby amended to read as follows: The City Council finds and declares that: A. The control of large parties, gatherings or events on private property is necessary when such continued activity is determined to be a threat to the peace, health, safety or general welfare of the public and the immediate control of large parties, and the cessation of unruly or illegal behavior is essential to preventing a major disturbance on Memorial and Labor Day, the weekend before Memorial and Labor Day, and the July 4th Independence Day holiday in the Safety Enhancement Zones; B. The City of Newport Beach is a tourist destination with numerous beach rentals; C. This influx of tourists results in many large parties, gatherings or events; D. Frequently, Police Officers have been, required to make multiple return calls on the same date to the location of a party, gathering or event to disperse uncooperative participants; E. Frequently, Police Officers have been required to make multiple calls to the same location on different dates in response to repeated, large parties and gatherings; F. The return of Police Officers to a location constitutes a drain of manpower and resources often leaving other areas of the City without police protection and, in the case of the Safety Enhancement Zones on Memorial and Labor Day, the weekends before Memorial and Labor Day, and the July 4th Independence Day holiday, the return of Police Officers may be difficult if not impossible due to the large crowds and the heavy workload of law enforcement personnel; and G. The above conditions create a significant hazard to the safety of the Police Officers and to peace, health, and safety of the public in general and, in the case of the Safety Enhancement Zones, these conditions create an immediate potential for a major disturbance that could result in serious injury or death to members of the public and/or law enforcement personnel. 4-10 Ordinance No. 2025-3 Page 8of10 Section 4: Section 10.58.020 (Definitions) of the Newport Beach Municipal Code is hereby amended to add the following definition: "Safety Enhancement Zone" or "Safety Enhancement Zones" means each Safety Enhancement Zone established pursuant to Section 1.04.060. Section 5: Section 10.58.030 (Police Services at Large Parties, Gatherings or Events Requiring Second or Subsequent Responses) Subsection (C) of the Newport Beach Municipal Code is hereby amended to read as follows: C. In the case of a large party, gathering or event on private property in a Safety Enhancement Zone during the period that the designation is in effect, the person or persons responsible for the party, event or gathering, the occupant or occupants of the property and the owner or owners of the property are, jointly and severably, responsible for immediately complying with a request from any law enforcement officer to terminate all unruly or illegal behavior on the property and shall be responsible, in addition to other fines and penalties provided by this chapter, for the payment of a fine in the amount of three hundred dollars ($300.00) for each full ten (10) minute segment that unruly or illegal conduct continues past the time that the law enforcement officer requests termination. The initial call, or any subsequent call, may also result in the arrest and/or citation of violators of the California Penal Code or other local regulations. Section 6: Section 10.66.060 (Violation -Penalty -Civil Fine) Subsection B of the Newport Beach Municipal Code is hereby amended to read as follows: B. The following civil fines shall be assessed for violations of Section 10.66.020(A) that occur within a Safety Enhancement Zone, as established by Section 1.04.060: 1. A civil fine not exceeding one thousand five hundred dollars ($1,500.00) for a first violation; 2. A civil fine not exceeding three thousand dollars ($3,000.00) for a second and any subsequent violations within ninety (90) days of the first violation. 4-11 Ordinance No. 2025-3 Page 9of10 Section 7: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 8: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 9: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 10: Except as expressly modified in this ordinance, all other sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 4-12 Ordinance No. 2025-3 Page 10 of 10 Section 11: The Mayor shall sign, and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of February, 2025, and adopted on the 11th day of March, 2025, by the following vote, to -wit: AYES: NAYS: ABSENT: JOE STAPLETON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A ORNEY'S OFFICE 0 . AAR C. HARP, CITY ATTORNEY 4-13